Wednesday, November 30, 2022

A Pleasanton Sexual Assault Lawyer Can Help End Sex Registration

Once convicted of sexual assault charges in Pleasanton you are subject to the penalty of registering as a sex offender annually. Known as Megan’s Law (Penal Code 290), the California Department of Justice maintains a database of all convicted sex offenders who they believe pose a public safety risk, allowing the government to notify the public about sex offenders—who you are and where you live. This can potentially impact every decision you make for the rest of your life.

However, there are circumstances and laws that also protect the rights, freedom, privacy, and personal safety of those convicted of certain sexual crimes.

The Law Offices of Robert J. Beles criminal lawyers provide knowledgeable, aggressive sexual assault defense in Pleasanton, Oakland, Hayward, Piedmont, Danville, El Cerrito, San Pablo, Concord, and all of Alameda and Contra Costa counties. As criminal law specialists, we evaluate your case and determine if you are eligible to stop 290 registration and end internet posting.

Terminating PC 290 registration

If you have grounds to challenge your requirement to register as a sex offender, you need an experienced Pleasanton sexual assault attorney who understands sexual assault law in California who can challenge sex offender registration requirements by withdrawing your pleas of guilty or no contest to criminal charges or get your misdemeanor or felony case dismissed. We also file motions using the fullest extent of the law to protect your rights including:

  • Hoffsheier Relief (Hofsheier, supra, 37 Cal.4th 1185) states that if a conviction was under Penal Code 261.5, the individual “has a right to relief from mandatory sex offender registration and could be eligible to have their names removed from the state sex offender registry.”
  • Certificate of Rehabilitation / Governor’s Pardon is for individuals charged with non-disclosable sexual offenses. It is a court order stating that you have been rehabilitated, paid all fines, and you are free from the criminal penalties of the offense. An individual may apply for the certificate after seven to ten years if he is not in custody, on parole, or on probation. However, this is contingent on the following requirements:
    • Your case was expunged by the court.
    • You were not incarcerated since the dismissal of your case.
    • You are not on probation for any other felony.
    • You have lived in California for at least five years prior to the submission of your application.

An additional law that affects parolee’s convicted of sex crimes is referred to as Jessica’s Law. This law requires a person convicted of a violent sex crime to wear a GPS ankle bracelet and restricts where a sex offender may live, specifically stating that they may not live within 2,000 feet of schools and parks. Motions can be filed to protect your rights if Jessica’s Law was wrongly applied as a conviction penalty.

The Law Offices of Robert J. Beles files the motions to terminate sex registration with the courts. When you are convicted of a sexual assault, you need to immediately contact a sex crime attorney who can provide discreet legal representation throughout the Oakland, Hayward, Fremont, Pleasanton, Concord and surrounding area. Contact us to schedule a consultation with our certified criminal attorneys to discuss your case.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist
Manisha Daryani - State Certified Appellate Law Specialist
Emilio Parker - State Certified Immigration Law Specialist
California Board of Legal Specialization

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